Lockett listened to arguments Friday morning in the case of Charles Reeder Sr., accused of three counts of capital sexual battery on children under the age of 12.

Reeder's defense attorneys, Bill DeCarlis and Ben Daniel of Ocala, claim that Lockett is prejudiced and cannot be objective. They based their claim on affidavits from their client that Reeder has a ''feeling that he can't get a fair trial.''

DeCarlis argued that Florida rules of criminal procedure say all Reeder has to do to force the judge off the case is claim in good faith that he doesn't think Lockett can conduct a fair trial.

The facts that Reeder bases his feelings on, the rule says, don't matter -- Lockett has to accept them and remove himself.

Chris White, the special prosecutor from Brevard County assigned by Gov. Bob Martinez to handle the case, agreed with DeCarlis and told Lockett that the defense attorney's interpretation of the rule was correct. ''I cannot in good faith oppose their motion,'' White told Lockett.

But Lockett refused, saying his personal review of the motions, affidavits and pertinent law was ''not legally sufficient'' to warrant such action.

''Of course, you can appeal if you want,'' Lockett said, and moments after the judge adjourned the hearing, DeCarlis said that is exactly what he intends to do.

''We will file for a writ of prohibition'' before the 5th District Court of Appeal in Daytona Beach on Monday, he said.

DeCarlis said he also will file a petition asking the appellate court to rule that Lockett's $500,000 bail on Reeder is excessive.

The stormy case has been marked by allegations that Lake County Sheriff Noel Griffin Jr. and 5th Circuit State Attorney S. Ray Gill used their powers to intervene on Reeder's behalf.

Both Reeder's mother and father are members of the Lake County Republican Executive Committee.

Last September, Griffin's deputies arrested Charles Reeder on a single charge of aggravated child abuse.

They said Reeder had beaten a 12-year-old boy with a paddle.

When Reeder's mother called him at home, Griffin later ordered his deputies to release Charles Reeder and apologize to the Reeder family.

Griffin later reprimanded two supervisors for allowing the arrest to occur. Gill has acknowledged he talked with Reeder's father last spring, 16 days before Gill's employees filed the current sexual battery charges against Reeder.

Gill said he talked with Ralph Reeder about the seriousness of the case. He also said he talked by telephone with defense attorneys about letting the accused leave the state to see medical experts.

Gill denies that he was helping the defense attorneys build a case prior to the time charges were filed.

Gill said, however, that the allegations were serious enough that he asked Martinez to assign a special prosecutor to the case.

The governor complied, later amending that assignment to order the Florida Department of Law Enforcement to assist the special prosecutor investigating the case.

Gill said in an interview Thursday that he expects FDLE to complete its report soon and that he is confident it will reflect favorably on his actions.